Chemical Inventory and Root Cause Analysis Regulation Rulemaking

2025050237

California Department of Conservation (DOC)

NOE - Notice of Exemption

5/6/2025

5/6/2025

Greg Chittick

Department of Conservation, Geologic Energy Management Division

CEQA Program Contractor

Lead/Public Agency

715 P Street, MS 1803
Sacramento, CA 95814

(916) 445-9686

CEQA@conservation.ca.gov

Statewide

Categorical Exemption

Class 7: California Code of Regulations, title 14, section 15307

Class 7 consists of “actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. Construction activities are not included in this exemption.”

Categorical Exemption

Class 8: California Code of Regulations, title 14, section 15308

Class 8 consists of “actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption.” CalGEM is undertaking the Project as authorized by SB 463 and other statutory authority, such as PRC § 3106. The Project action would assure the maintenance and enhancement of natural resources (e.g., air and water) and the environment by modernizing, clarifying, and augmenting regulatory standards and procedures to protect the environment. Many of the changes relate to planning, monitoring, tracking, and reporting well integrity to avoid or timely identify leak-causing well failures at UGS facilities. Implementing SB 463 and addressing the findings in the Blade Report, the California Council on Science and Technology (CCST) Study, and CASPER are critical to reducing the risk of well failure to protect the environment. The Project also reflects the extensive experience of CalGEM engineers in regulating UGS facilities. The documentation underlying the Project supports that the changes proposed would prevent or lessen the hazardous effects of gas leaks at UGS facilities, including the type of gas leak that occurred at Aliso Canyon. For example, changes related to risk management planning will allow operators and CalGEM to monitor, assess, and mitigate factors affecting the integrity of wells more effectively and efficiently. Given the critical importance of emergency response planning, the Project will require more frequent plan updates to reflect existing conditions more accurately and prompt operators to maintain more current data on chemical usage. Requiring a complete chemical inventory with usage, testing, and other information would aid in more timely and effective responses to emergency situations by local agencies, the operator, and state agencies to protect public health and the environment. The information would also allow for mitigation to occur sooner than under the current regulatory framework.

Other

Common Sense Exemption: California Code of Regulations, title 14, section 15061(b)(3)

The common sense exemption applies only “[w]here it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment[.]” This Project will modernize, clarify, and augment the regulatory standards applicable to UGS projects in California to reduce threats to life, health, property, and natural resources, and protect stored resources, surface and underground waters, and the public welfare. The changes to the regulations were designed to protect the environment, primarily through planning, monitoring, tracking, and reporting protocols. This action would be beneficial to the protection of people, the environment, and natural resources by reducing the risk of UGS well failure and the release of toxic air pollutants into the environment. Therefore, there is no possibility that the activity may have a significant effect on the environment.

Other

Exceptions to the Exemptions: California Code of Regulations, title 14, section 15300.2

CalGEM further finds that there are no exceptions to the application of the categorical exemptions (PRC § 21084; 14 CCR § 15300.2(c)) referenced above. There is no substantial evidence that there are any “unusual circumstances” associated with the proposed Project that create a reasonable possibility that the activity will have a significant effect on the environment, and that there are no significant “cumulative impacts” resulting from successive projects of the same type in the same place. Therefore, reliance on the exemptions is appropriate. A copy of this NOE (as required by 14 CCR § 15062(a)) and all other related materials can be made available to the public by contacting the CalGEM CEQA Program, located at 715 P Street, MS 1803, Sacramento, CA 95814-3530; by calling (916) 445-9686; or an electronic copy of these documents may be requested by contacting CEQA@conservation.ca.gov. A copy of this NOE may also be accessed online at the State Clearinghouse: https://ceqanet.opr.ca.gov